Citation : 2024 Latest Caselaw 26468 Kant
Judgement Date : 6 November, 2024
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NC: 2024:KHC:44825-DB
WA No. 1618 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT APPEAL NO. 1618 OF 2024 (GM-RES)
BETWEEN:
1. K.R. PETE AND PANDAVAPURA TALUK MSPC
A SOCIETY UNDER THE KARNATAKA SOCIETIES
REGISTRATION ACT, 1960
HAVING OFFICE AT NO.688/1700,
K.R.S. ROAD, PANDAVAPURA TOWN
PANDAVAPURA, MANDYA KARNATAKA - 571 435.,
REPRESENTED BY ITS PRESIDENT
SMT. P. HEMAVATHI.
...APPELLANT
Digitally signed
by VALLI (BY SRI NEERAJ SASTRY, ADVOCATE FOR
MARIMUTHU
SRI T.R. GIRISHA, ADVOCATE)
Location: High
Court of
Karnataka AND:
1. THE PRINCIPAL SECRETARY
STATE OF KARNATAKA
DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT,
HAVING OFFICE AT 1ST FLOOR,
MS BUILDING, DR. B. R. AMBEDKAR VEEDHI
BANGALORE - 560 001.
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NC: 2024:KHC:44825-DB
WA No. 1618 of 2024
2. THE DIRECTOR
DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT
HAVING OFFICE AT 1ST FLOOR,
MS BUILDING, DR. B. R. AMBEDKAR VEEDHI
BANGALORE - 560 001.
3. HARIHARESHWARA MAHILA UDYOGA
MATTU SEVA SANGHA
REPRESENTED BY ITS PRESIDENT
OFFICE AT SURVEY NO.125/2B,
BEKINA KALMATHAYANE YALAVATTI VILLAGE,
SHIVAMOGGA - 577.
...RESPONDENTS
(BY SRI V.G. BHANUPRAKASH, AAG A/W
SRI K.S. HARISH, G.A. FOR R1 AND R2
SRI VIKRAM HUILGOL, SENIOR ADVOCATE
A/W MS. SHRIYA CHAKRAVARTHY, ADVOCATE FOR C/R3)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT
DATED 30.09.2024, PASSED BY THE LEARNED SINGLE JUDGE IN
WRIT PETITION No. 24967 OF 2024 IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC:44825-DB
WA No. 1618 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. Neeraj Sastry for learned advocate
Mr. T.R. Girisha for the appellant-original petitioner, learned Additional
Advocate General Mr. V.G. Bhanuprakash assisted by learned
Government Advocate Mr. K.S. Harish for respondent Nos.1 and 2
and learned Senior Advocate Mr. Vikram Huilgol for learned advocate
Ms. Shriya Chakravarthy for respondent No.3.
2. The present writ appeal is directed against the judgment and
order dated 30.09.2024 passed in Writ Petition No.24967 of 2024.
Thereby, the writ petition of the appellant-original petitioner came to
be dismissed by learned Single Judge.
3. The challenge in the writ petition was to the communication
dated 20.07.2024 issued by respondent No.2-the Director,
Department of Women and Child Development, whereby it was
directed that the Mahila Supplementary Production Training Centre
shall be modernized and revamped for its operations in order to
improve the quality of food provided to beneficiaries of the Integrated
Child Development Services Scheme.
NC: 2024:KHC:44825-DB
4. Learned Single Judge took a view that the nature of the
communication was purely in the policy domain and it was a policy
decision of the State based on financial considerations.
5. The view taken could be said to be eminently legal and proper.
Not only that, when the copy of the order dated 20.07.2024 which was
impugned before learned Single Judge is seen, it could be noticed
that the revamping and modernization of the Mahila Supplementary
Production Training Centre concerned is pursuant to the orders
passed by this Court in Writ Petition No.3522 of 2022 and the Hon'ble
Supreme Court in Special Leave Petition No.18930 of 2022 and
others.
6. The challenge to the order of learned Single Judge is entirely
misconceived in law.
7. The appeal is meritless and it is accordingly dismissed.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE
Sd/-
(K. V. ARAVIND) JUDGE
DDU
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